APPENDICES TO OEAL AKGUMENTS. 



2341 



Br. App.525. 1699. 

 10 and 11 Wm. Ill, c. 25. 



1. All His Majesty's subjects 

 residing in England or the Do- 

 minions thereunto belonging to 

 have use and enjoy the free trade 

 and art of merchandise, and fish- 

 ery, and freedom of taking bait 

 and fishing in any of the . . . 

 creeks, harbours, or roads in or 

 near Newfoundland and the said 

 seas, and liberty to land for cur- 

 ing fish and to cut down trees for 

 making stages, &c. ; and no alien 

 (not residing in England, Wales, 

 or Berwick) to take bait or fish 

 in Newfoundland. 



2. Repeats provisions against 

 throwing ballast into harbours. 



3. Same provisions against de- 

 stroying stages, &c. 



4. Provisions as to admirals, 

 and against taking more of the 

 beach or stages than necessary 

 admirals to settle differences. 



ment, to protect them against the 

 rapacity of their own country- 

 men the latter. The merchants 

 opposed the measure, as injurious 

 to the fisheries, and prevailed. 

 The petition of the residents were 

 renewed from time to time, but 

 never with success ; and they con- 

 tinued to suffer wrongs and cruel- 

 ties without redress. 



The merchants convinced the 

 ministry or the Lords of Trade 

 and Plantations that the appoint- 

 ment of a governor, and the 

 recognition of the full rights of 

 the inhabitants of Newfoundland 

 as British subjects, would pro- 

 duce the runious results antici- 

 pated by Child, and, strange as it 

 may appear, no Englishman could 

 lawfully have a home on that is- 

 land for a long period." 



An order of this ruiture was de- 

 clared to be without legal effect 

 by the judgment rendered in Jen- 

 nings (& Long against Hunt and 

 Beard, appended to this Memo- 

 randum (p. 16). 



"An Act to encourage the trade 

 to Newfoundland 1669" 



The rights granted to British 

 subjects are " for themselves, 

 their servants, seamen, and fish- 

 ermen" and are to be enjoyed " as 

 fully and freely as at any time 

 heretofore hath been used or en- 

 joyed there by any of the subjects 

 of His Majesty's Royal predeces- 

 sors." 



The purpose of the clauses cited 

 in the British abstract was to pre- 

 vent the inhabitants of New- 

 foundland from interfering with 

 the full and free enjoyment of the 

 fisheries by fishermen from Great 

 Britain. 



This is shown by Clause 5, 

 which ;cites that inhabitants of 

 Newfo idland had theretofore 

 preem ed shore accommodations 

 to th prejudice of the fishing 

 ship,' rom Great Britain, and 

 pro\ d that such inhabitants 



